Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT held that booking cancellation charges are not service consideration but damages for contract breach. Cancellation charges collected by the dealer do not constitute a service element and are not taxable under service tax regulations. The tribunal referenced prior case law establishing that such charges represent compensation for contract non-performance, not service provision. Commission received from financial institutions was determined to be revenue neutral. Consequently, the service tax demand, including interest and penalties under Section 78 of the Finance Act, 1994, was set aside. The appellant's appeal was allowed with consequential relief.
CESTAT held that booking cancellation charges are not service consideration but damages for contract breach. Cancellation charges collected by the dealer do not constitute a service element and are not taxable under service tax regulations. The tribunal referenced prior case law establishing that such charges represent compensation for contract non-performance, not service provision. Commission received from financial institutions was determined to be revenue neutral. Consequently, the service tax demand, including interest and penalties under Section 78 of the Finance Act, 1994, was set aside. The appellant's appeal was allowed with consequential relief.
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